Court Judgements




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MISHECK SHOKO AND COLLIN GWIYO AND CHITUNGWIZA RESIDENTS AND RATEPAYERS ASSOCIATION VERSUS THE MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS & URBAN DEVELOPMENT (2007-02-28)
The first applicant was elected as the Executive Mayor of the second respondent on 11 March 2002. On 29 December 2005, he received a letter from the first respondent suspending him from duty upon certain specific grounds that were detailed in the letter. It was also indicated in the letter that the suspension would be without salary and benefits and accordingly, the first applicant was to surrender all council property in his possession and vacate council premises to allow investigations into the allegations leveled against him to proceed. More

MNONDO RESIDENTS ASSOCIATION VERSUS RAYMOND MOYO AND OTHERS (2007-09-24)
The applicant in this matter is an association comprised by the tenants of various properties owned by the 13th respondent, Mnondo Properties (Pvt) Ltd (the Landlord). The 1st to the 11th respondents are partners within the firm of legal practitioners (the Firm) representing the respondents herein. The 12th respondent is the Rent Board (the Board). More

MODZONE ENTERPRISES (PRIVATE) LIMITED AND PAUL EDWARDS SHIPPING COMPANY (PRIVATE) LIMITED VERSUS TRANSTECH FREIGHT ZIMBABWE (PRIVATE) LIMITED (TRADING AS UTI) (2007-09-24)
The plaintiffs in this case claim the sums of US$26,528.72 and ZAR43,534.80 as damages for breach of a contract of carriage entered into with the defendant in June 2001. The plaintiffs’ claim is founded on the common law of carriage and, alternatively, on the negligent performance of the contract. The defendant disputes liability on both grounds. More

MOHAMED YASSIN ISMAEL VERSUS THE REGISTRAR GENERAL AND THE MINISTER OF HOME AFFAIRS (2007-04-25)
The facts of this matter are not in dispute. I set them out. The applicant entered Zimbabwe in 1980. At the time he declared he was born in Arusha, Tanzania. In 1982 he applied for Zimbabwean citizenship. His application was declined. He made a second application in 1987 which was successful. In the second application, he declared that he was Somalian and was the holder of a Somalian passport whose number was given and recorded. In consequence of his gaining Zimbabwean citizenship, the applicant was issued with a passport by the first respondent. His current passport is valid until 2013. More

MOTOR CYCLE (PRIVATE) LIMITED VERSUS OLD MUTUAL PROPERTY INVESTMENTS CORPORATION (PRIVATE) LIMITED (2007-05-24)
This is an application for rescission of the judgment granted in default of the applicant in case number HC 2898/06. The background to this application is that on 22 October 2002 the parties entered into a lease agreement in terms of which the respondent leased to applicant property known as Unit 3 of Stand 4491 Lisburn Road, Harare. On 22 May 2006, the respondent issued summons claiming (a) the payment of $67 428 009.94, being the sum due to the respondent as arrear rentals plus interest, (b) holding over damages, (c) cancellation of the lease agreement and (d) ejectment from... More

MOVEMENT FOR DEMOCRATIC CHANGE VERSUS THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE AND THE DELIMITATION COMMISSION AND THE ELECTORAL SUPERVISORY COMMISSION AND THE ZIMBABWE ELECTORAL COMMISSION AND THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (2007-05-09)
In August 2004, at the summit of the Southern Africa Development Community held in Mauritius, certain principles and guidelines governing democratic elections for the member countries were adopted. These shall be referred to in this judgment as “the SADC Principles and Guidelines”. The first respondent, acting on behalf of the Republic of Zimbabwe approved of the guidelines and gave Zimbabwe’s assent thereto. More

MUFAKOSE HOUSING COOPERATIVE SOCIETY VERSUS TAURAYI MAGOZORE (2007-03-28)
As its name implies, the applicant is a housing cooperative society set up with the noble objective of providing accommodation to its members. The respondent is a member of the applicant. Stand 7296 Budiriro 4, is a property developed by the applicant and allocated to the respondent for his occupation. More


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